Occupational Licenses  >  Notary Public Defense

Defending Notary Public Certificates

Ray & Bishop attorneys aggressively represent notaries public in license applications, investigations, disclosures, denials, accusations, appeals, reinstatements, and related legal matters.  Our strategy is simple: prevent problems, fight for the client if accused, and appeal unfair results.  Our focused, experienced, dedicated license and regulatory practice gives you the advantage.  Contact Ray & Bishop for a prompt, thorough and thoughtful discussion of your legal issue with one of our attorneys.

Defending a Notary Public in Situations from Simple Mistakes to Complex Disputes

Choosing an experienced, knowledgeable license defense attorney is key to getting the best result from your California notary public defense matter.  Ray & Bishop attorneys defend notaries public and notary public certificate applicants in all disciplinary situations, including:

• Discipline for criminal convictions.
• Denial for criminal convictions.
• Unprofessional conduct.
• Defense against civil penalties (fines).
• Violation of identification rules.
• Notarizing without a personal appearance by the signer.
• Unauthorized practice of law.
• Failure to secure a notary’s seal and journal.
• Discipline against other occupational or professional licenses.

We also assist notaries in the application process.  Issues that give rise to problems in notary public applications include criminal convictions or a prior history of discipline with another licensing board or other California licensing agency.

Expertise in all Aspect of License and Regulatory Issues

Ray & Bishop provides legal representation for notaries in any regulatory agency contact with the potential for an adverse outcome, including:

• Denial of Commission
• Investigations by the Secretary of State
• Surrender of Seal and Journal
• Response to SOS investigation letter
• Defense from an Accusation
• Administrative Hearing
• Petition for Reconsideration after an Adverse Decision
• Writ of Administrative Mandamus (Appeal) after a Loss at Administrative Hearing
• Relief from a Default Judgment
• Modification of Discipline
• Reinstatement of a Notary Public Commission

Common Questions from Notaries for Ray & Bishop

I’ve received a letter from Secretary of State inquiring about a conviction or complaint.  What should I do?
Hire an attorney.  Any statements you in response to an informal inquiry can become admissions that can be used against you later in court.  The Secretary of State may make critical decisions based upon the first impressions that come from the response to the informal inquiry letter.  It is important to put your best foot forward in responding to the informal inquiry, Ray & Bishop can make sure that happens.

The Secretary of State is asking that I pay huge fines.  What can I do?
Civil monetary penalties can sometimes be negotiated down or eliminated as part of the settlement process.  An experienced attorney can advocate for a reduction of fines.

How should I reveal a past problem on an application, renewal form or disclosure form?
Truthfully and carefully.  We understand the tools that the Secretary of State will use to detect adverse events and fact check your application or renewal form for honesty and accuracy.  We know the rules for what must be disclosed and what need not be disclosed.  If an explanation is required, we can assist with important strategic and messaging considerations to minimize the danger of denial or discipline resulting from the disclosure.

I have an investigation pending against my commission.  Will the Secretary of State issue me a renewal commission?
Likely no.  Unlike occupational and professional licenses, each renewal of the notary public commission is considered a new application.  It can be denied and the commission will not be issued until the legal process is finished, which may cause a substantial time gap without a commission.

I just received a Statement of Issues or a letter denying my application.  What’s my recourse?
A Statement of Issues from the Secretary of State may require the filing of a Notice of Defense within 15 days of the date when the Statement of Issues was sent (not the date it was received).  A letter denying a credential may contain a different deadline.  It is best to promptly contact Ray & Bishop for a consultation to review the letter, before an important deadline passes.

I’ve received an Accusation.  What’s my next step?
You have only 15 days from the date the Accusation was sent to you (not from the date you received it) to file the Notice of Defense.  This matter should be turned over to an attorney as quickly as possible so that this deadline is met and the filing of the Notice of Defense is documented with proof of filing.

How do I pay for an attorney?
We accept all major credit cards, bank debit cards, checks, money orders and cash.  Interest-free payment plans may be available in some circumstances.